CARTER v. STATE

No. 55616.

473 So.2d 471 (1985)

Everett CARTER v. STATE of Mississippi.

Supreme Court of Mississippi.

July 24, 1985.


Attorney(s) appearing for the Case

Franklin J. George, Grenada, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and DAN M. LEE and ROBERTSON, JJ.


DAN M. LEE, Justice, for the Court:

The Circuit Court of Grenada County found the appellant, Everett Carter, guilty of aggravated assault and sentenced him to sixteen (16) years in the custody of the Mississippi Department of Corrections. He appeals this conviction and sentence, and we reverse and remand.

On September 25, 1983, Mrs. Willie Mae Tanner, a 73-year-old woman who lived alone in Grenada, surprised an intruder in her kitchen. The intruder, whom she...

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